My parents were divorced, and my mom passed away...now dad isn't paying child support

[nevergiveup]

What is the name of your state? Virginia

I am 19 years old and my brother is 17. My parents were divorced and my
mom had full custody of both my brother and I. My mom passed away about 4 months ago, and my uncle( her brother and the executor of the estate) told my dad that he didn't need to pay child support anymore. I have read the divorce decree and from my understanding my father is still required to follow the provisions of the divorce decree until my brother and I are 23 or as long as we are full time college students (according to the divorce decree). My brother does not live with my father. What are my father's legal obligations to both my brother and I?

 

[tigger22472]

What is the name of your state? Virginia

I am 19 years old and my brother is 17. My parents were divorced and my
mom had full custody of both my brother and I. My mom passed away about 4 months ago, and my uncle( her brother and the executor of the estate) told my dad that he didn't need to pay child support anymore. I have read the divorce decree and from my understanding my father is still required to follow the provisions of the divorce decree until my brother and I are 23 or as long as we are full time college students (according to the divorce decree). My brother does not live with my father. What are my father's legal obligations to both my brother and I?

CS is paid to the custodial parent for the care of the children.. SInce your mother is no longer living then he would not owe due to that fact. However, whomever has custody of your brother could sue him for support for your brother as technically in a legal sense it is likely your father has custody, even if not on paper since your mother passed.

Does the decree state ... support or does it state for college tutition? If it's for the latter than you may be able to have something done but if it's for support then you don't likely have anything as you are considered an adult and capable of caring for yourself.

You are welcome to consult an attorney in your area to advise you of your rights. They are usually low cost or free.

 

[Noelle_71]

CS is paid to the custodial parent for the care of the children.. SInce your mother is no longer living then he would not owe due to that fact. However, whomever has custody of your brother could sue him for support for your brother as technically in a legal sense it is likely your father has custody, even if not on paper since your mother passed.

Does the decree state ... support or does it state for college tutition? If it's for the latter than you may be able to have something done but if it's for support then you don't likely have anything as you are considered an adult and capable of caring for yourself.

You are welcome to consult an attorney in your area to advise you of your rights. They are usually low cost or free.

Wow, are you serious? I find it really hard to swallow that child support, support for the child, would be stopped for lack of a person to be paid to. That makes me worry about my own kids if it happened in my case. Isn't support *for* the child? Wouldn't it be paid directly to a minor of age? I don't get it.

 

[tigger22472]

Wow, are you serious? I find it really hard to swallow that child support, support for the child, would be stopped for lack of a person to be paid to. That makes me worry about my own kids if it happened in my case. Isn't support *for* the child? Wouldn't it be paid directly to a minor of age? I don't get it.

Um.. no...

It is presumed that when a parent dies that the surviving parent is now the custodial parent. Child support is NOT an allowance for a child... Child support is to help the custodial parent pay for essentials for the child. Unless someone else goes to court and gets custody of the younger child it is presumed that dad has custodial rights. Besides the fact that the children are not parties of the divorce by law. That is between the divorcing couple. There is no order, making the dad pay anyone but the custodial parent. The only time this can come into play is if the NCP has died and arrears are owed... then the CP can but a hold on the estate for those monies already owed, but not future.

Whomever does have custody of the younger child would likely not get this into court prior to the child turning 18 either so the issue of CS is likely moot.

The only issue left is whether dad was ordered to pay college tuition. If that was ordered and it was to go directly to the parent (saying the CP pay all, the NCP pay their portion back) then the child might get somewhere... except they better expect that that money would be paid directly to the school and not to them.

Paying support til 23 is rather unusual to begin with and I question how that order was written.

 

[Noelle_71]

Um.. no...

It is presumed that when a parent dies that the surviving parent is now the custodial parent. Child support is NOT an allowance for a child... Child support is to help the custodial parent pay for essentials for the child. Unless someone else goes to court and gets custody of the younger child it is presumed that dad has custodial rights. Besides the fact that the children are not parties of the divorce by law. That is between the divorcing couple. There is no order, making the dad pay anyone but the custodial parent. The only time this can come into play is if the NCP has died and arrears are owed... then the CP can but a hold on the estate for those monies already owed, but not future.

Whomever does have custody of the younger child would likely not get this into court prior to the child turning 18 either so the issue of CS is likely moot.

The only issue left is whether dad was ordered to pay college tuition. If that was ordered and it was to go directly to the parent (saying the CP pay all, the NCP pay their portion back) then the child might get somewhere... except they better expect that that money would be paid directly to the school and not to them.

Paying support til 23 is rather unusual to begin with and I question how that order was written.

I get it, okay.

 

[abstract99]

Keep in mind however that since Dad might have been ordered to pay a certain percentage of the college it is likely that he will not now be ordered to cover more than that. OP never even said IF he was a college student.

 

[tigger22472]

Keep in mind however that since Dad might have been ordered to pay a certain percentage of the college it is likely that he will not now be ordered to cover more than that. OP never even said IF he was a college student.

Maybe, maybe not.. college tuition is generally based on the parents ability to pay.

For instance my husband's ex was speaking of doing this.. we firmly believe she did not because her attorney told her what we were told... it's solely based on ability and income... for instance in our area the judge generally orders the child 20% and the remaining 80% is based on the parents' incomes. The ex believed it would be split 3 ways where it would have been closer to 20/20/60 based on incomes. In this situation obviously mom isn't here to pay, BUT if there was any inheritance left that could come into play showing the ability of the child... even if there isn't that issue, the father's ability and resources (except for the CS he's now not paying) will not increase.

 

[stealth2]

minor of age

This is an oxymoron. Either a person is a minor, or s/he is of age. Not both. Well, except in NYS.

 

[cissycicle]

Wouldn't the minor be entitled to Social Security survivor benefits from the death date until reaching age eighteen?

 

[Noelle_71]

This is an oxymoron. Either a person is a minor, or s/he is of age. Not both. Well, except in NYS.

It was a typo...sheesh. I meant until of age. Doesn't matter....

 

[tigger22472]

Wouldn't the minor be entitled to Social Security survivor benefits from the death date until reaching age eighteen?

Maybe...maybe not. Plus SS would end at 18... so the OP wouldn't get anything at all. The other child might but not for long since they are 17.